Part IV. Facing Adversity Functionally

One way to increase the retention and promotion of underrepresented groups in academia is to help those who experience tenure denial become knowledgeable about functional strategies for challenging these negative decisions. Such knowledge can optimize one's chances of gaining a fair and equitable review. The strategies presented here were employed by individuals who won their cases (i.e., overturned negative decisions). They represent cases of women and/or ethnic minority faculty at all professorial ranks, from assistant to full professor, in a variety of disciplines. This section is not a substitute for legal advice, and anyone contemplating litigation (or possibly even use of administrative procedures) should seriously consider obtaining legal advice.

When a faculty member successfully challenges an institution and wins a case, not only are the individuals directly involved affected, but also the entire process of personnel decision making in academic institutions is affected. Although they can be costly in terms of time, money, and morale, grievances and lawsuits do help institutions become more alert to illegal or improper bias and more careful that such bias does not enter future decision making.

The strategies listed in this guide focus on internal grievances, with the assumption that if problems can be resolved internally, civil litigation can be prevented. Because of the cost and time involved in civil litigation, it is generally recommended that this avenue not be pursued until all internal channels of appeal and grievances have been exhausted.

Functional Approaches to Challenging Negative Decisions

A variety of models of positive response to stress and feelings of powerlessness prescribe assertive, active behaviors directed at problem solving as an effective coping strategy (Hobfoll, et al., 1991). Assertive behaviors can be helpful in channeling anger, reducing feelings of helplessness and lack of personal control, in addition to overturning adverse and unfair decisions (Loo, in press). Rebuttals and appeals are examples of such instrumental strategies.

Functional, assertive steps that have been taken by faculty who have successfully overturned negative decisions include: (a) request a summary of the evaluation in writing, (b) seek consultation from informed professionals, (c) determine whether there have been procedural errors, (d) correct inaccuracies or identify differential treatment, (e) utilize appropriate procedures to disqualify people unable to be impartial in evaluating the work of a particular individual, and (f) retain an attorney.